rs, desirous of improving their wet lands, any power to
interfere in any way with the rights of mill-owners, for the drainage of
lands. The statutes of the Commonwealth, however, make liberal and
stringent provisions, for compelling unwilling owners to contribute to
the drainage of wet lands.
For the convenience of those who may be desirous of procuring
legislation on this subject, we will give a brief abstract of the
leading statute of Massachusetts regulating this matter. It may be found
in Chapter 115 of the Revised Statutes, of 1836. The first Section
explains the general object.
When any meadow, swamp, marsh, beach, or other low land, shall be held
by several proprietors, and it shall be necessary or useful to drain or
flow the same, or to remove obstructions in rivers or streams leading
therefrom, such improvements may be effected, under the direction of
Commissioners, in the manner provided in this chapter.
The statute provides that the proprietors, or a greater part of them in
interest, may apply, by petition, to the Court of Common Pleas, setting
forth the proposed improvements, and for notice to the proprietors who
do not join in the petition, and for a hearing. The court may then
appoint three, five, or seven commissioners to cause the improvements to
be effected. The commissioners are authorized to cause dams or dikes to
be erected on the premises, at such places, and in such manner as they
shall direct; and may order the land to be flowed thereby, for such
periods of each year as they shall think most beneficial, and also cause
ditches to be opened on the premises, and obstructions in any rivers or
streams leading therefrom to be removed.
Provision is made for assessment of the expenses of the improvements,
upon all the proprietors, according to the benefit each will derive from
it, and for the collection of the amount assessed.
"When the commissioners shall find it necessary or expedient to reduce
or raise the waters, for the purpose of obtaining a view of the
premises, or for the more convenient or expeditious removal of
obstructions therein, they may open the flood-gates of any mill, or
make other needful passages through or round the dam thereof or erect a
temporary dam on the land of any person, who is not a party to the
proceedings, and may maintain such dam, or such passages for the water,
as long as shall be necessary for the purposes aforesaid."
Provision is made for previous notice to
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